CAPEEM

This matter is before the court on (1) plaintiff California Parents for the Equalization of Educational Materials (“plaintiff’ or “CAPEEM”) motion for partial summary judgment as to its Establishment Clause claim and (2) defendants’ motion for summary judgment, or alternatively, partial summary judgment as to plaintiffs second amended complaint, alleging claims for violation of the Equal Protection, Establishment and Free Speech and Association Clauses. Generally stated, in this action, plaintiff alleges the California State Board of Education (“SBE”) discriminated against CAPEEM’s members during the 2005-2006 history-social science textbook adoption process and that the adopted sixth-grade textbooks represent Hinduism in a discriminatory and denigrating manner. During the adoption process, the SBE held public meetings, considered public comment and consulted with scholars to determine the appropriate content of its curriculum, including the appropriate portrayal of Hinduism in the context of world history and ancient civilization. Plaintiffs critical objection is that the SBE did not adopt all of the textbook edits for which its members were advocating, and that ultimately, the…